John Hancock Mutual Life Insurance Co. v. Esparza

On Motion for Rehearing.

POPE, Justice.

By trial amendment, filed after the evidence was closed, appellee, Esparza, pleaded that the insurer, through its agent who solicited the reinstatement, knew about Adolfo Esparza’s sickness, and thereby the company, by approving the reinstatement, waived any right to cancellation of the policy because of insured’s physical condition. Our opinion was in error in stating that there were no pleadings of waiver. However, as stated in the opinion, appellee made no request for an issue and none was submitted inquiring whether the insurer waived the fact of…